UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: JUNE 2007 SUBJECT, COURSE AND CODE: INTRODUCTION TO LAW (LAWS1IL)

DURATION: 3 HOURS

TOTAL MARKS: 100

External Examiner: Internal Examiners:

Professor J Lund Ms W Banoobhai Ms P Singh

STUDENTS ARE REQUESTED IN THEIR OWN INTERESTS TO WRITE LEGIBLY

PLEASE NOTE: This paper consists of 5 pages. Please ensure that you have them all.

ANSWER ALL QUESTIONS IN BOTH SECTIONS. NB: PLEASE USE SEPARATE ANSWER BOOKS FOR EACH SECTION.

SECTION A 50 MARKS ANSWER THIS SECTION IN A SEPARATE BOOK ANSWER ALL QUESTIONS

QUESTION 1. (20 MARKS) 1.1 Write a brief note in which you explain the Doctrine of Precedent. [5 Marks]

Continued

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, EXAMINATIONS: JUNE 2007 SUBJECT: INTRODUCTION TO LAW PAGE 2 Question 1 continued 1.2 In each of the following cases, indicate a) Which Courts would have jurisdiction to hear the matter: In your answer, explain why the chosen court has jurisdiction. If more than one court has jurisdiction please indicate this in your answer. and, If the losing party were to take the matter on appeal, which court would have jurisdiction to hear the appeal.

b)

i)

Kim enters into a contract with Seelan in Durban to supply certain goods for R3200. Seelan fails to pay and Kim wants to claim what is owed under the contract. Carmen is prosecuted for theft of a bag of chips from a shop in Johannesburg. Margarets husband disappeared and she has not seen him for ten years. She wants to apply for a court order of presumption of death of her husband. Margaret lives in Johannesburg. Thembas factory in Durban is badly damaged by an explosion caused by alleged negligence of Tom who owns the adjoining factory. Themba wants to claim damages for patrimonial losses amounting to R500 000. Bob, who lives in Cape Town, wants to divorce Sara. Tim is accused of murder, the killing having taken place in Durban. The State intends asking for a sentence of 30 years if he is convicted. [15 marks]

ii) iii)

iv)

v) vi)

/Question 2

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, EXAMINATIONS: JUNE 2007 SUBJECT: INTRODUCTION TO LAW PAGE 3 QUESTION 2. (15 MARKS) 2.1 Given the following citations, supply all the information that you can about the case: i) ii) In re Rome 1991 3 SA 291 (A) Casey NO v The Master and Others 1992 4 SA 505 (N) [5 marks]

2.2

Distinguish between a) b) Substantive Law and Procedural Law Appeal and Review [4 marks] [6 marks]

QUESTION 3. (15 MARKS) 3.1 Section 3 of Act 200 of 2004 prohibits the production, distribution and possession of sexually explicit material involving children. A producer of videos of this nature alleges that his right to freedom of expression is infringed by the provisions of section 3. You are required to explain how a court will go about assessing whether section 3 is constitutional or not, with reference to section 36 of the Constitution. [15 marks]

/Section B

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, EXAMINATIONS: JUNE 2007 SUBJECT: INTRODUCTION TO LAW PAGE 4 SECTION B 50 MARKS (PLEASE USE A SEPARATE ANSWER BOOK) PLEASE ANSWER ALL QUESTIONS IN THIS SECTION QUESTION 1. List five factors which may indicate the existence of a legal duty to act positively to prevent damage in the case of an omission. [5 marks]

QUESTION 2. Explain what is meant by the retributive theory and the deterrence theory of punishment in criminal law [6 marks]

QUESTION 3. A six-year old and an eight-year old child jointly commit a crime. Discuss briefly how their ages will affect their respective criminal liability. [4 marks]

QUESTION 4. In point form briefly state what elements need to be proved in every delictual action [2 marks]

QUESTION 5. Set out and briefly discuss the test to determine negligence in delict as formulated in the case of Kruger v Coetzee 1966 (2) SA 428 (A). In addition, list factors the court will take into account in determining whether the reasonable man would have taken steps to prevent the harm from occurring. [5 marks]

/Question 6

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, EXAMINATIONS: JUNE 2007 SUBJECT: INTRODUCTION TO LAW PAGE 5 QUESTION 6. Achmat, who is Joeys friend, wishes to play a trick on him. He makes a cup of coffee and, without Joey being aware of it, puts a drug into his coffee. Joey drinks the coffee. The drug makes him aggressive. As a result of the drug he assaults Ross. Joey is charged with assaulting Ross. Advise Joey whether he may succeed with the defence that at the time of the assault he was under the influence of a drug. [8 marks]

QUESTION 7. Rob has twin daughters named Thandi and Sandy who are five years old. One day when he goes to fetch Thandi and Sandy from the day care centre, which they attend while he works, he is informed that his secretary has already collected them. Rob is very concerned since he does not have a secretary, nor did he ask anyone to collect his daughters from day-care. On his way to the police station to report their disappearance Rob receives a telephone call from an unknown woman who states that she has Thandi and Sandy in her custody and that she will kill them unless Rob kills a co-worker of his, known as Mr Xavier. Rob protests claiming that he is not a killer and he would not be able to do this. He begs the woman to return his children and when she refuses, he asks to speak to his daughters. The woman lets him speak to Thandi who is crying profusely and begging her father to come and fetch her. Rob then speaks to the unknown woman again begging her to return his children. She refuses to do so until he kills Mr Xavier. Before she puts the phone down Rob can hear both his daughters screaming in pain. Panicked, Rob rushes to the police station. When he gets there, there is a long queue in the charge office and the policeman in charge refuses to listen to him, stating that Rob must wait his turn in the queue. Rob, in desperation then returns to work where he finds Mr Xavier working late. Rob then beats Mr Xavier to death with a heavy statue that he finds in reception. Shortly after this the cleaner walks in and finds Mr Xavier dead with Rob standing over him with a bloody statue. She calls the police who arrest Rob and charge him with murder. The day after this Thandi and Sandy are found distraught in a local park. They were left there by the unknown woman who kidnapped them. They both show signs of having been beaten and have many cuts and bruises on their bodies. Rob does not want to go to jail as he is a single parent and has no one to look after Sandy and Thandi if he is imprisoned. He employs you as his attorney to act on his behalf. Advise Rob whether he has a defence in the circumstances and the likelihood of this defence succeeding. [20 marks]